MELLON NATIONAL BANK & TRUST CO. v. SOPHIE LINES, INC.

Nos. 13362-13368.

289 F.2d 473 (1961)

MELLON NATIONAL BANK & TRUST COMPANY, Executor of the Estate of Jacob Casale, Deceased, as Interveners, Hardware Dealers Mutual Insurance Company, Phoenix Insurance Company, Old Colony Insurance Company, Dubuque Fire & Marine Insurance Company, Hartford Fire Insurance Company, Northern Insurance Company, Northwestern National Insurance Company, St. Paul Fire & Marine Insurance Company, v. SOPHIE LINES, INC., a corporation, Turner Transfer, Inc., a corporation, and the Baltimore & Ohio Railroad Company, a corporation. Emily PETERNAL and Joseph Peternal, her husband, v. SOPHIE LINES, INC., a corporation, and the Baltimore & Ohio Railroad Company, a corporation. Kenneth F. FRIES and Janice A. Fries, his wife, and Kenneth F. Fries, trading and doing business as Fries Electric and Hardware, and Hardware Dealers Mutual Insurance Company, a corporation, v. SOPHIE LINES, INC., a corporation, Turner Transfer, Inc., a corporation, and the Baltimore & Ohio Railroad Company, a corporation. Belva ROSS and J. William Ross, her husband, v. SOPHIE LINES, INC., a corporation, Turner Transfer, Inc., a corporation, and the Baltimore & Ohio Railroad Company, a corporation. J. William ROSS, Administrator of the Estate of Cheryl Faye Ross, deceased, v. SOPHIE LINES, INC., a corporation, Turner Transfer, Inc., a corporation, and the Baltimore & Ohio Railroad Company, a corporation. HARTFORD FIRE INSURANCE COMPANY v. SOPHIE LINES, INC., a corporation, Turner Transfer, Inc., a corporation, Defendant-Appellant. Edmund WHITEMAN, Administrator of the Estate of Dora Whiteman, deceased, v. SOPHIE LINES, INC., a corporation, Turner Transfer, Inc., a corporation, and the Baltimore & Ohio Railroad Company, a corporation, Turner Transfer, Inc., a corporation, Defendant-Appellant.

United States Court of Appeals Third Circuit.

Decided April 5, 1961.


Attorney(s) appearing for the Case

H. A. Robinson, Pittsburgh, Pa. (Dickie, McCamey, Chilcote & Robinson, Pittsburgh, Pa., on the brief), for defendant-appellant.

James P. McArdle, Pittsburgh, Pa. (Gene K. Lynch, McArdle, Harrington & McLaughlin, Pittsburgh, Pa., on the brief), for appellees.

Before GOODRICH, McLAUGHLIN and FORMAN, Circuit Judges.


McLAUGHLIN, Circuit Judge.

In this collision between a tractor-trailer (truck) and a freight train, our problem is whether the lessee of the tractor-trailer was responsible for its operation at the time. From the stipulated facts the following appears.

The truck was owned by Sophie Lines, Inc., operated by its employee and leased to Turner Transfer, Inc. The latter is a licensed I.C.C. carrier with operating permits...

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